View cases - Stewart McKelvey

6[27] Ms. Johnstone testified that the reason she wanted to continue to work full-time hours wasso that her pension entitlements and her promotional opportunities and income would not beadversely affected.[28] CBSA was willing to accommodate Ms. Johnstone, but to the extent only of a static shiftof 3 days per week up to a maximum of 10 hours per day, plus a further 4 hours on a fourth day.[29] Corollary to the above, Ms. Johnstone suggested methods to her employer that wouldallow her to continue to keep her pension at a full-time level while working part-time, but thesesuggestions were refused. This is discussed in more detail below.2010 CHRT 20 (CanLII)[30] There is no dispute that CBSA has an unwritten policy that anyone seekingaccommodation in order to care for children may be accommodated by being given static shifts,but must also go to part-time hours to a maximum of 34 hours per week. This unwritten policydoes not allow employees to have static shifts with full-time hours if the reason for the request ischildcare responsibilities.[31] There is also no dispute that CBSA has and does accommodate employees for medical andreligious reasons by giving them static shifts with full-time hours, from time to time, for varyinglengths of time, and for some on a permanent basis. These requests are assessed on an individualneeds basis, and in the case of medical accommodation CBSA requires medical substantiation ofthe request. There are also instances of employees having been accommodated because they havechildren with medical needs.[32] Further, there was no dispute that this unwritten policy is applied unevenly. There areCBSA employees working part-time at 36 hours per week, employees working full-time staticshifts, and others who have been allowed - although part-time - to maintain the equivalent offull-time pension and benefit entitlements. Although two of CBSA’s management witnessesstated that CBSA wanted to discourage these anomalies, both conceded that these exceptions docontinue to exist.